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(영문) 서울중앙지방법원 2018.10.17 2018나21349
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance and the grounds for appeal by the Plaintiff are not significantly different from the allegations by the court of first instance. If the evidence submitted to the court of first instance shows the video of the evidence No. 10 submitted to the court of first instance, the judgment on the remaining portion, excluding the portion between the fact-finding by the court of first instance and the evidence No. 21 to No. 6, and the part between the document No. 19 to No. 8, 7, is justified.

Therefore, the court's reasoning in this case is as follows: ① correct the part of the first instance court's second to 17 "to guarantee" in the second to 17; ② correct the part "to guarantee" in the fifth to 5th to 13th of the first instance court's judgment; ② add "in the above use manual, the boundary walls of boiler rooms and living rooms should be built with fireproof structure excluding the entrance," and ③ delete the small part between 6th to 6th 19 to 7th 2 of the first instance court's judgment; ④ remove the small part between 5th 21 to 6th 3th , and 7th 19 through 8th 12 as stated in the reasoning of the first instance court's judgment except for the part "2."

2. Parts to be dried;

A. According to the part 5, 21 to 6, 3 of the judgment of the court of first instance, the Defendant Company is liable for compensating for damages incurred by D due to the instant fire. Since the insurer’s liability for compensating for damages and the insured’s liability for compensating for damages are jointly and severally liable (see Supreme Court Decision 2010Da53754, Oct. 28, 2010). Ultimately, the Defendants are jointly and severally liable for compensating for damages incurred by the instant fire.

B. From 7th of the judgment of the court of first instance, the 19th of the judgment.

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